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The Great Divide | 121
done by the government, which we do not voluntarily invite—or
want. We willingly waive our privacy for corporations but not for
governments.
What the public might not fully realize, however, is that the gov-
ernment can access all the personal information in the databases of
private companies if it issues a subpoena or search warrant, which it
does often. As Snowden himself pointed out, “If Facebook is going
to hand over all of your messages, all of your wall posts, all of your
private photos, all of your private details from their server, the gov-
ernment has no need to intercept all of the communications that con-
stitute those private records.” These Internet companies, even if they
are only interested in exploiting the data for their own profit, cannot
refuse to share this information with the NSA, the FBI, and other
government agencies if they have a subpoena or search warrant.
That reality became evident to me in my investigation of the rape
charges brought (and subsequently dropped) against Dominique
Strauss-Kahn, the managing director of the International Monetary
Fund, in 2011. Immediately after his arrest, Cyrus Vance Jr, the dis-
) trict attorney of New York County, issued a subpoena for Strauss- ®
Kahn’s cell phone records, credit card records, hotel room electronic
key records, e-mails, room service bills, and the CCTV videos of his
activities (some of which I published in my article about the case
in The New York Review of Books). Nor is this access uncommon.
According to Vance in 2016, his office issues thousands of such sub-
poenas every year. Even though Apple made headlines by refusing
to comply with a court order to help the FBI unlock the iPhone of
a dead mass murderer in 2016, it had complied with many previous
subpoenas. In fact, in 2015 alone, it quietly provided the backed-up
data of some seventy-one hundred iPhone customers to government
authorities.
If anyone doubts the pervasiveness of government data collection,
consider a little-known government agency called the Consumer
Financial Protection Bureau. Created in 2010 by Congress, it mines
data on a monthly basis from some 600 million personal credit card
accounts, targeting about 95 percent of the credit card users in the
United States. In addition, through eleven other data-mining pro-
grams, it gathers data on everything from private home mortgages
| | Epst_9780451494566_2p_all_r1.z.indd 121 ® 9/29/16 5:51 Pa | |
HOUSE_OVERSIGHT_019609
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Document Details
| Filename | HOUSE_OVERSIGHT_019609.jpg |
| File Size | 0.0 KB |
| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
| Text Length | 2,489 characters |
| Indexed | 2026-02-04T16:38:50.583284 |